If ever there was a time for
plain language drafting, documents that: * have serious consequences * that will be read under conditions of stress, * by non-legally trained persons * with limited access to lawyers the Anton Pillar model order seems to be one.
Further to Simon Fodden's post below on
plain language drafting, Michael Rappaport has a nice article here in the current The Lawyer's Weekly (Canada) interviewing Kenneth Adams, the author of a Manual of Style for Contract Drafting (2004) and other material on legal drafting.
No amount of
plain language drafting could tame these behemoths.
The push towards
plain language drafting is, of course, nothing new.
Not exact matches
For example, FTA sent one attorney to a general writing course and another to a regulatory
drafting class, both of which covered the use of
plain language.
I am in favour of
plain -
language drafting in principle, though not necessarily as a legal requirement, but one person's
plain language can still be another person's thicket.
The principles barriers to the intelligibility of a particular law are, in my view, are excessively involuted sentence structure, the use of
language other than in its
plain or ordinary sense, and recursive
drafting techniques that require the reader to interpret one section by reference to another.
I'm big on
plain language contract
drafting, and so he's all about that.
More recently, Professor Ken Adams, Adjunct professor at Notre Dame Law School, through his blog, Adams on Contract
Drafting, his book, A Manual of Style for Contract
Drafting (currently in its 3rd edition), and his many seminars, has been doing what he can to advance the cause of what he prefers to call
drafting in «standard English» (rather than «
plain language»
drafting).
In particular, when
drafting,
plain language should be adopted, spelling out any restriction in certain terms, failing which the restriction will not be fit for purpose, will have no effect, and a professional negligence claim may well follow.
Michigan Legal Help Program Location: Ann Arbor, MI Brief Description: The legal fellow will assist with content development and maintenance for the Michigan Legal Help website (reviewing & updating existing legal information content according to Quality Assurance Protocols; conducting research and
drafting new legal information content for the website; learning
plain language writing skills; etc..)
Projects include
drafting online
plain language legal forms, developing online legal triage systems, working with automated document assembly tools, creating educational materials for self represented litigants and more.
The guide aims to create
plain language, modular contracts that are easy to
draft and review.
All text displayed by the program would be carefully
drafted in
plain language, be comprehensible by someone who has finished primary school and feature pop - up
plain language legal definitions whenever technical
language absolutely must be used.